- A Form 17 notice of rejection is what the registrar may issue when an application or required material is incomplete.
- Since April 1, 2024, the original will must be filed as an exhibit to an affidavit.
- An appeal from a registrar's decision under s. 93 of the Probate Act must be started within 30 days of the decision or order.
Opening your mail to find a notice that your probate application has been rejected is stressful, especially when you are already grieving and trying to settle an estate. The good news is that a rejection is often about paperwork, not about whether you are the right person to act.
This article explains who reviews probate applications in Nova Scotia, what a complete application includes, the reasons Form 17 commonly gives, and how to fix and refile. It also covers the time limit for appealing a registrar's decision. Every estate is different, so a lawyer can confirm how this applies to yours.
This article covers the law of Nova Scotia.
Who reviews your application, and what Form 17 is
Probate applications are dealt with by a Registrar of Probate for the district, and estate records are kept at the Registrar's office in each district. Contested matters go to a judge.
If an application or the required material is incomplete, the registrar may issue a notice of rejection in Form 17 by ordinary mail. Because it comes by ordinary mail, watch your mail closely after you file and keep a copy of everything you submitted.
A probate grant matters because property registered solely in the deceased's name generally cannot be transferred to beneficiaries without court approval. A rejection delays that step, so it is worth fixing promptly.
What a complete application includes
The form you use depends on your situation. Form 8 (or 8A) is the application for a grant of probate, Form 9 (or 9A) is for a grant of administration, and Form 10 (or 10A) is for administration with will annexed.
An application for a grant of probate must be accompanied by the following:
- The original will with proof of execution
- Proof of death
- Any required renunciations or security
- Payment of the probate tax
Since April 1, 2024, a filer must include the original will as an exhibit to an affidavit when applying. Sending a photocopy or a loose original without the affidavit is an easy way to have a file sent back.
An executor who does not want the job renounces by completing Form 12 or another method satisfactory to the registrar, and the regulations set no deadline for renouncing. An executor who has already acted in the estate may be treated differently, so confirm with the registrar before taking any step. If a renunciation is needed for your application, make sure it is included.
Getting the estate value right for probate tax
The value of the estate for tax, security and inventory is the gross value of personal property plus the fair market value of real property less registered mortgages and encumbrances. Unsecured debts are not deducted from personal property.
The estate is valued as of the date of death, and a mobile home is treated as personal property. If the court believes the value exceeds the figure given, it may inquire into the matter.
On the Form 8 application, the value of assets passing under the will excludes real property outside Nova Scotia, real property held in joint tenancy, and insurance. The current probate tax amounts are set out in the Probate Court Costs and Fees table on the Courts of Nova Scotia website, so check that table for the figure that applies to you.
Common reasons for a Form 17 rejection
Form 17 lists the reasons the registrar rejected the material. Examples include an affidavit that was not sworn before a barrister, notary public, registrar or deputy registrar, and a missing Public Trustee consent.
| Possible problem | Where to look |
|---|---|
| Affidavit not sworn before an authorized person | Re-swear it before a barrister, notary public, registrar or deputy registrar |
| Missing Public Trustee consent | Obtain the consent and include it |
| Original will not filed as an exhibit to an affidavit | Refile with the original will attached as an exhibit |
| Missing proof of death, renunciation, security or tax | Add the missing item from the required list |
Read the notice carefully. The reasons it ticks or lists are your roadmap for what to correct.
How to fix it, refile and appeal if needed
- Read Form 17 and list every reason given
- Gather the missing documents, or re-swear affidavits properly
- Confirm you are using the right form for your situation
- Double-check the estate valuation and tax payment
- Keep copies of everything and ask the registrar's office if you are unsure what is needed
- Refile the corrected application with the complete material
If you disagree with a registrar's decision, an appeal under s. 93 of the Probate Act must be started not later than 30 days after the registrar's decision or order. How an appeal is started and argued depends on your situation, so it is worth confirming with a lawyer.
Because the appeal deadline is short, speak with a lawyer quickly if you think the rejection was wrong or the situation is more than a paperwork gap.
Frequently asked questions
Does a Form 17 mean I cannot be the executor?
Not necessarily. Form 17 is issued when an application or required material is incomplete, and it lists reasons such as an improperly sworn affidavit or missing Public Trustee consent. Whether and how your application can be corrected depends on the reasons given, so it is worth confirming with the registrar's office or a lawyer.
Can I just send a copy of the will?
No. An application for a grant of probate must be accompanied by the original will with proof of execution. Since April 1, 2024, the original will must be included as an exhibit to an affidavit.
Who can swear my affidavit?
Form 17 refers to an affidavit not sworn before a barrister, notary public, registrar or deputy registrar as a reason for rejection. Have it sworn before one of those people.
How long do I have to appeal?
An appeal from a registrar's decision under s. 93 of the Probate Act must be started not later than 30 days after the registrar's decision or order. If that deadline is close, get legal advice right away.
Sources
- Courts of Nova Scotia – Probate Court — courts.ns.ca
- Probate Court Practice, Procedure and Forms Regulations — novascotia.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
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